SANJEEV MATHUR Vs. PRABHA AGGARWAL

JUDGEMENT

(1.) By this petition, the petitioner has assailed an order dated 23rd July, 2007 passed by learned Additional District Judge. The order reads as under :-

(2.) The contention of the petitioner is that the petitioner filed affidavit of his witnesses in February, 2004 and thereafter the matter was fixed for cross- examination of plaintiff's witnesses on 25th May, 2004. The matter was taken up on number of occasions but cross-examination was not completed. In the meantime, the Presiding Officer changed and a new Presiding Officer Sh. Daya Prakash, Additional District Judge took over the court. It is alleged that one of the hearings when the case was being heard, the learned Additional District Jude was found telling counsel for the respondent that he would make sure that the respondent wins the case as he knew the respondent very well. This was told by the Presiding Officer in presence of the petitioner. It is stated that the petitioner got apprehensive and filed a transfer application under Section 24 CPC before the District Judge on 29th January, 2007 containing these allegations. This application was fixed on 9th April, 2007 and then for 3rd July, 2007 and the again application was adjourned to 7th September, 2007. There was no stay of proceedings thus, the proceedings before the learned Additional District Judge continued. On 26th February, 2007, the matter was adjourned by the court for 30th April, 2007. On 30th April, 2007, the matter was again adjourned to 23rd July, 2007 on which date, aforesaid order was passed.

(3.) It is submitted by counsel for the petitioner that since the learned Presiding Officer Shri Daya Prakash stood transferred from that court now, his application under Section 24 was dismissed having become infructuous but since his evidence itself was closed, he be given liberty to lead evidence.